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UDOFEL LTD & ANOR
V.
SKYE BANK PLC

(2014) JELR 46366 (CA)

Court of Appeal 17 Mar 2014 Nigeria
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Case Details

Suit Number:CA/C/201/2012
Judges:MOHAMMED LAWAL GARBA Justice of The Court of Appeal of Nigeria UZO I. NDUKWE-ANYANWU Justice of The Court of Appeal of Nigeria ONYEKACHI A. OTISI Justice of The Court of Appeal of Nigeria
Counsel:Bassey B. Anwanane, Esq., For Appellant Anthony Ebuk, Esq., For Respondent

MOHAMMED LAWAL GARBA, J.C.A. (Delivering the Leading Judgment): The Appellants had sued the Respondent before the Akwa Ibom State High Court, Uyo for inter alia, rendition and correction of their account with the Respondent, injunction, general and aggravated damages. At the end of the trial, the High Court entered judgment in favour of the Appellant on the 28/6/12 in which it also made some orders with which the Appellant was not satisfied.

Against the said orders, the Appellants filed a notice of appeal on the 1/8/2012 on three (3) grounds from which, three (3) issues were formulated in the Appellants' brief filed on the 17/10/12. They are as follows:-

"2.1.1 Was there, in fact and/or in law, a counterclaim properly so called or so cognizable, before the Court below?

2.1.2 If there was indeed such a counterclaim, was it sufficiently made out and was the court below right to have ordered that "subject to the restructuring of the account as aforesaid, if the Plaintiffs shall default i…

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